Users' questions

Who has the right to make decisions about your funeral?

Who has the right to make decisions about your funeral?

legal personal representative
Ultimately, the legal personal representative has the final responsibility and authority when making the funeral arrangements. It is at the legal personal representative’s discretion as to whether or not they take into account any input from the deceased’s family and friends.

How do I dispute a funeral arrangement?

If a family cannot agree on a loved one’s funeral arrangements, the dispute may need to go to Court. The Court will also consider the reasonable requirements and wishes of close family members and the location with which the deceased had the closest connection.

When to take legal action against a funeral director?

If a funeral director is not a member of a professional association or a complaint is not dealt with satisfactorily, you may need to take legal action against the funeral director. When you use the services of a funeral director, the law gives you certain rights as a consumer.

What happens if there is no money to pay for a funeral?

You must contact the cemetery to find out their requirements to transfer the burial licence. If there is a dispute about a burial plot, you should get legal advice. If a person has no money or assets they are called ‘destitute’. If a destitute person dies and there is no money to pay for a funeral, the government may pay for a funeral.

What happens if no one accepts responsibility for the state funeral?

If no one accepts responsibility for disposing of a dead person, it becomes the job of the state Funeral wishes in wills, unlike gifts such as money, are not legally binding (though may be used to build a case in court if, for example, the disposal method is disputed as in Anstey & Mundle (2016))

Who is responsible for arranging a funeral in NSW?

Where a person’s death is being investigated by the coroner, the coroner will ask the police to assist with determining whether the person is destitute and then will notify the Public Health Unit. An officer from the Public Health Unit will arrange the funeral.

Can a funeral home be sued for negligence?

It’s important to note that while some lawsuits against funeral homes arise out of negligence, some misconduct is intentional, such is the case with theft of items, fraud, abusing the decedent’s body, or selling organs.

Who is the legal right to make funeral decisions?

In order to understand your specific rights, you will need to contact an estate attorney in your state or, if you are planning ahead, someone who can help you draft legal documents regarding burial rights (in which you specify an agent). In almost all states, family members and spouses are the ones with the most rights.

How is a funeral home liable for a mishap?

The funeral home breached their legal obligation to avoid harming your loved one. Their breach directly resulted in harm. The funeral home was responsible for the abuse or mishap, making them legally liable. There were losses suffered as a result.

What to do if a funeral home robbed you?

Or if the funeral home robbed your loved one, you might be owed the value of what they took, as well as damages for emotional distress. If a funeral home did not treat your dearly departed in an honest, respectful, or competent manner, contact the funeral lawyers at Morgan & Morgan.